T.Q. v. Indiana Department of Child Services

996 N.E.2d 385
Indiana Court of Appeals·Decided October 8, 2013·No. No. 82A04-1301-JT-42·Published·Cited by 86 cases

Opinion

OPINION

BROWN, Judge.

T.Q. (“Mother”) and A.Q. (“Father,” and collectively with Mother, “Parents”) appeal the involuntary termination of their parental rights to their children, N.Q., Je.Q., Ja.Q., and L.Q. (collectively, the “Children”). Parents raise one issue, which we revise and restate as whether the evidence is sufficient to support the trial court’s judgment terminating their parental rights. We reverse and remand.

FACTS AND PROCEDURAL HISTORY We begin by reciting the underlying facts as set out by this court in our memorandum decision in In re N.Q., No. 82A05-1109-JT-511, 2012 WL 1744399 (Ind.Ct.App. May 16, 2012):

On December 11, 2009, [the Indiana Department of Child Services (“DCS”) ] removed the Children[1] and two siblings [388] from the Parents’ home because of unsafe home conditions, medical issues, and lack of supervision, among other reasons, and placed them in foster care. On December 15, 2009, DCS filed petitions alleging that all six children were children in need of services (“CHINS”). The Parents denied the allegations, and the trial court held a factfinding hearing. On April 13, 2010, the trial court entered orders adjudicating all six children as CHINS.
Indiana Code Section 31-34-19-1 provides that not more than thirty days after it finds that a child is a CHINS, the court must complete a dispositional hearing to consider, among other things, “[alternatives for the care, treatment, rehabilitation, or placement of the child” and “[t]he necessity, nature, and extent of the participation by a parent ... in the program of care, treatment, or rehabilitation of the child.” The trial court held a dispositional hearing on May 5, 2010, and the Children remained in foster care. The chronological case summaries indicate that the dispositional decrees were to be furnished to the trial court by DCS, but, apparently as a result of an oversight, the decrees were not filed until February 14, 2011, and were not entered in the court’s order book'until March 16, 2011....

Op. at *1. On December 14, 2010, or three months prior to the entry of the dispositional decrees, DCS filed petitions for the involuntary termination of the Parents’ parental rights as to the Children, and a hearing on the petitions was held over the course of several days between January and April 2011. Id. at *1-2. On July 13, 2011, the trial court issued an order granting the termination petitions. Id.

On appeal, DCS conceded that “the Children had not been removed from the Parents for at least six months under a dispositional decree when the termination petitions were filed, as required by Indiana Code Section 31-35-2-4(b)(2)(A)(i),”2 as well as “that it apparently failed to plead in its petitions that the alternative elements listed in subpara-graph (A) had been satisfied.” Id. at *3. We reversed the trial court’s termination order and remanded for further proceedings, noting that “our conclusion ‘should in no way be construed as a comment upon the sufficiency of the evidence relating to the remaining elements of the termination petitions].’ ” Id. at *3 (quoting In re D.D., 962 N.E.2d 70, 75-76 (Ind.Ct.App.2011)).

On May 16 and 17, 2012, DCS filed its second Petitions for Termination of Parental Rights for the Children, and on June 26, 2012, Parents appeared in court and denied the petitions. The court appointed counsel for Parents and set a hearing date of October 1, 2012, as well as a pretrial hearing date of September 18, 2012. The court held a pretrial hearing as scheduled.

On October 1, 2012, as scheduled, the court held a termination hearing (the “Second Termination Hearing”). At the outset of the hearing, the court admitted, over the objection of Parents, the transcript and exhibits of the previous termination hearing as DCS Exhibits 1 and 2. The court then admitted another twenty-two exhibits into the record without objection, including documents related to the CHINS proceedings of the Children, certified pleadings, certified records from Southwest Behav[389] ioral Healthcare concerning the Children, certified records from Easter Seals Rehabilitation Center, and certified dockets concerning Mother and Father regarding 2010 criminal convictions for neglect of a dependent as class D felonies.

Mother was then called to the stand and testified that in November of 2011 she and Father moved into a two-bedroom apartment in which their eldest daughter, sixteen-year-old C.Q., currently resides with them.3 Mother testified that C.Q. has made “[m]ost” of her appointments, noting that they were unable to make three but that those appointments were rescheduled and they “had gotten her in.” Transcript at 20-21. Mother testified that she has not worked since 2005, noting that she has several health problems including fibro-myalgia, asthma or COPD, anxiety, crushed cartilage in her left knee, mitosis and arthritis, and is legally deaf in one ear, as well as back issues including that her sciatic nerve and a muscle are protruding through her backbone. Mother testified that she does not currently receive disability but explained that “[a]s soon as [she] get[s her] lawyer paid off for [Father’s] disability” she can start receiving her own, and she noted that she needs to pay the attorney $100. Id. at 22. Mother testified that her family is “current on all of [their] bills.” Id. She also noted that the furniture in their home was donated.

Mother testified that they live in “Section 8” housing and that they currently pay $156 per month in rent. Id. at 24. She testified that they receive $1,019 per month from Father’s Social Security Disability (“SSD”), and that C.Q. receives an additional $88 per month from SSD. Mother testified that they were able to pay $800 for C.Q. to participate in band and drama at school. Mother also testified that they routinely clean them apartment, including doing the dishes and sweeping the floors. She also stated that they have discussed moving into a house with their housing manager if the Children are returned to them, and were advised that it would not be a problem, noting that the manager would “just have to know they’re coming for sure.” Id. at 30. Mother also testified that they do not currently own a vehicle and would need to take the bus to the Children’s appointments.

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T.Q. v. Indiana Department of Child Services, 996 N.E.2d 385 (Ind. Ct. App. 2013).

996 N.E.2d 385 (T.Q. v. Indiana Department of Child Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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